53
over the institutions' work. It is prescribed that the expert-instruction supervision shall include activities in
order to be sure that a sentence will be executed in accordance with the basic principles determined with the
LES with effort to be pointed out the modern penology principles on improvement and development of the
system of execution of sanction, positive experience of functioning of the modern systems of executing the
sentence of imprisonment, conducting a poll, realizing and analyzing the states of affairs as well as
removing problems and weaknesses in the work of the institutions. Expert-instruction supervision is
conducted with direct insight into the operation of penitentiary institutions and includes supervision over:
the treatment of persons imprisoned;
the providing security in penitentiary institutions;
the material and financial working of penitentiary institutions;
the working engagement of prisoners;
the safety of inmates and
the conditions and status of prisoners during serving a sentence.
As stipulated by the Law on Inspection Supervision, the Law on Execution of Sanctions also provides
three types of supervision that can be performed in penitentiary institutions, like:
regular supervision
control supervision - conducted after the deadline in the order in which the institution was tasked to act on
the observations from regular supervision
extraordinary supervision - conducted if there is an additional need for regular supervision
The expert-instruction supervision is performed directly by the inspector for executing of sanctions,
who compels a minutes for the conducted supervision. For the irregularities established during the
supervision and their removing the Director of the Directorate will bring an order. The
Law prescribes that in
exercising the supervision, the inspector may also engage the participation of scientific and expert
institutions or some scientific and expert workers from the appropriate field. Performing the expert-
instruction supervision in penientiary institutions (the way of performing the supervision, types of
supervision, content of Minutes for the
performed supervision, etc.) in detail is regulated in a bylaw
160
, which
is adopted by the Minister of Justice on the proposal of the Director.
The Director of the institution is obliged to ensure the insight on the necessary documentation to the
inspector for execution of the sanctions and to enable them with undisturbed conversation with the convicts
with or without presence of the prison employees depending on the needs.
161
The inspector for execution of
sanctions compels a minutes for the performed supervision and established situations. If irregularities were
established during the supervision, the inspector for execution of sanctions will bring a decision for
removing the determined irregularities within a fixed term and for re-establishing of the violated rights of the
convicts. The inspector for execution of sanctions and the judge for execution of sanctions inform each other
regarding the established conditions within the institution and the irregularities established during the
performance of their supervision.
162
3.1
Results of the Research Project: "The position of prisoners in penitentiary institutions in Republic
of Macedonia"
In order to investigate and determine the real situation in penitentiary institutions in Republic of
Macedonia the Faculty of Security – Skopje, from October to December 2012, conducted a research project,
"The position of prisoners in penitentiary institutions in the Republic of Macedonia" in five Macedonian
prisons (Idrizovo, Stip, Bitola, Strumica, Struga and Tetovo). The second aspect of the project, which was
supposed to contribute towards fully determination of the position of the prisoners in the penitentiary
institutions in the Republic of Macedonia, was related to determining of the attitudes of employees in
penitentiary institutions who have a particularly important role in the implementation of the
fundamental role
160
Rulebook on the manner of conducting the expert-instruction supervision in correctional and detention facilities (Official Gazette
of the Republic of Macedonia No. 20/2011)
161
Law on execution of sanctions, Art. 79
162
Law on execution of sanctions, Art. 80, 81
54
played by these institutions. For that purpose the paper covers some of the questions
that were discussed with
the employees and that refer to inspection supervision in penitentiary institutions.
The question of whether they think that the supervision performed by inspectors for execution of
sanctions is objective and unbiased” from 178 respondents employed in the institutions, 98 respondents
responded positively or 52.1% and with a negative answer - 80 respondents or 42.6%. (See Figure 1) It can
be concluded that only half of the employees in these institutions who responded to this question consider
that inspection supervision for execution of sanctions that is performed in these institutions is impartial and
objective, and quite a large percentage (42%) of respondents who answered this question consider that the
inspection is not objective or impartial.
98
80
Do you think that the supervision
performed by inspectors for execution
of sanctions is objective and unbiased?
Да
Не
Figure 1
Starting from the fact that respondents are persons who are directly involved in the process of
execution of sanctions this result should be seriously considered.
Regarding the question of whether they follow the instructions and recommendations of the inspectors
for overcoming the eventually identified irregularities and failures from 176 respondents, 155 employees
answered positively, or 82.4%, and 21 employee or 11.2% of the respondents answered negative. (See Chart
1)
Chart 1